Water Act 1989

Compensation

6 (1) Subject to sub-paragraph (2) below, the Secretary of State shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under paragraph 3 above containing the Secretary of State’s determination on a review which—

(a) has been carried out by virtue of sub-paragraph (3)(b) of paragraph 2 above; and

(b) but for the said sub-paragraph (3)(b), would have been prohibited by virtue of sub-paragraph (2) of that paragraph.

(2) The Secretary of State shall not be required to pay any compensation under sub-paragraph (1) above if the determination in question is shown to have been given in consequence of—

(a) a change of circumstances which could not reasonably have been foreseen at the relevant time; or

(b) consideration by the Secretary of State of material information which was not reasonably available to him at that time.

(3) Any compensation required to be paid by the Secretary of State under this paragraph shall be paid out of money provided by Parliament.

(4) No person shall be entitled to any compensation under section 45 of the [1974 c. 40.] Control of Pollution Act 1974 (early variation of conditions) in respect of anything done in pursuance of paragraph 4 above.